Tuesday, September 29, 2020

Aside From His Grift, Brian S. Brown Highlights Why A.C. Barrett is Unsuitable

Brian S. Brown expects that, if confirmed, Amy Coney Barrett will make judicial decisions according to the teachings of the Catholic Church.
via Washington Post
Brian S. Brown is attempting to raise money for National Organization for Marriage off of the nomination of Amy Coney Barrett for a seat on the Supreme Court. I would love to ask Barrett a few questions:
  1. Do you believe that gay people are “objectively disordered”?
  2. Can you cite any evidence to support that view?
  3. How could your view not affect your judicial judgment?
  4. You have written eloquently on your obligations to recuse yourself in capital punishment cases. Would you do so in LGBTQ cases? Reproductive choice?
Again, this is not an attack of Barrett's faith. How she applies her faith in matters of jurisprudence is a legitimate question. Do her religious beliefs create conflicts of interest with secular law?
Getting back to Mr. Brown:
Brown does not detail NOM's plan. I doubt that NOM can do anything one way or the other to secure Barrett's confirmation which is possibly a foregone conclusion

Brown tells supporters that NOM's assistance is vital for Barrett to be confirmed. Brown is delighted:
Amy Coney Barrett is a perfect pick for the US Supreme Court. A devout Catholic, mom of seven and a gifted intellectual, she shares our beliefs on the issues most important to us – marriage, life and religious liberty. That is why the left hates her so much
Brown expects Barrett to make judicial decisions in conformity with Catholic teachings. He says as much. Brown accuses people who question Barrett's qualifications of anti-Catholic bigotry. “Hate” is the wrong word. Fear is more accurate.

Aside from Roe v. Wade Mr. Brown's clearly stated expectation is that Barrett would upend Obergefell v. Hodges? “Religious liberty” is code for a “right” to discriminate. How might that apply to a challenge to Bostock v. Clayton County (barring employment discrimination) which was decided in June of this year?

Women vote in greater proportions than men. Nearly two-thirds of American women support reproductive choice. Why should religious conservatives and the Catholic Church have a decisive say in the matter.

The possibly good news is that fear of a challenge to Roe and all of this Republican hypocrisy (considering their universal opposition to taking up the nomination of Merrick Garland) could hand control of the Senate to Democrats.

At this point — thanks to people like Brian S. Brown — the damage is done. Bringing this to committee and then the floor in the lame duck session probably changes nothing. Trump is pandering to the religious right. In November Trump might be forced to realize that the sanctimonious set is in the minority.

Brown reiterates expectations with specificity:
With Amy Barrett on the Supreme Court, we will have a solid pro-marriage, pro-life, pro-religious majority of justices. For the first time, there is a real possibility that horrific, anti-constitutional decisions of the past will be reversed. Marriage could be restored to our national laws. Roe v. Wade could be reversed. The possibilities are truly stunning.
Our fundamental rights are threatened
Imagine, for the moment, the consequences of overturning Obergefell. Even worse (since marriage equality in many states was based upon it), imagine the consequences if United States v. Windsor were overturned. Might that reinstate the Defense of Marriage Act?

The greatest threat to our freedom exists with the reelection of Trump while Republicans retain control of the Senate. Right now, even with Barrett on the Court, I do not think that marriage equality is at great risk given public support and some recent rationality from Chief Justice Roberts. But the risk exists.
[The Left™] say she’s part of a cult, calling her a “Christofascist.” One activist even said on Twitter, “I hate her kids.” Another called for GOP Senators to be physically assaulted if necessary to stop her confirmation. I fully expect violent riots to erupt in major cities as we get closer to the confirmation hearings.
Who cares what unnamed people tweet? Really? Expectations of violence are hyperbolic. Is Brown that desperate that he has to conjure up visions of violence in his appeals for donations?

Misstating the issue:
Already RINO Republicans like Susan Collins and Lisa Murkowski have signaled that they will abandon us and refuse to confirm Judge Coney Barrett. We could be down to one or two votes that will change the course of history. Will you help us capitalize on this moment with an immediate, tax-deductible contribution?
Senators Collins and Murkowski have not declared their unwillingness to confirm Barrett. What they have said, in conformity with Republican doctrine regarding Merrick Garland, is that whoever is president in January, 2021 should have the opportunity to fill this seat.

Donations are tax-deductible because they are routing contributions through NOM Education Fund, a 501(c)3. IRS guidance is murky. It might be impermissible political activity. It might not be.

The bottom line is that neither marriage equality nor reproductive choice should be decided by the Catholic Church or evangelical Christians. These were the result of secular decisions made in a secular society with constitutionally guaranteed secular jurisprudence.

The Catholic Church does not have the right to impose its teachings on everyone else. We do not have a state religion in the United States. That is relegated primarily to the Arab world. That secularism is continually at risk as Christian conservatives push the envelope.

Those same Christian conservatives have enjoyed some success. In some states abortions are very difficult to obtain. We are going backwards in time while the rest of the industrialized world thinks we are crazy.

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